Notice of Variation to Application received from Century TS Pty Ltd to Export used Lead Acid Batteries to Korea - AUH15-070

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for regulating the export and import of hazardous waste, ensuring that such activities are managed in a way that protects human health and the environment. The Act establishes a framework for controlling the movement of hazardous waste across Australia's borders, requiring that exporters and importers obtain permits and adhere to specific conditions. The policy objective of the Act is to prevent and minimise the risks associated with the transboundary movement of hazardous waste, aligning with international standards such as the Basel Convention. The enactment of this legislation by the Australian Parliament reflects the country's commitment to environmental protection and the responsible management of hazardous materials.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity engaged in the export or import of hazardous waste within Australia, extending its reach to include both domestic and international transactions. The Act specifically governs the export of hazardous materials, including the management and oversight of such activities to mitigate environmental and health risks. This legislative framework mandates that any application for the export of hazardous waste must be lodged with the Department of the Environment, which includes providing detailed information about the waste, the intended recovery operations, and the destination of the shipment. In the case of Century TS Pty Ltd's application, it pertains to the export of up to 2000 tonnes of used lead acid batteries to the Republic of Korea for recycling purposes. The application, initially submitted on 16 November 2015, was varied on 16 December 2015 to adjust the shipment timeline, as allowed under the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996. The Act does not specify exclusions or exemptions but relies on subordinate instruments to define detailed regulatory requirements and thresholds for different types of hazardous waste and their respective export conditions.

Key Provisions

The notice indicates that the application AUH15-070, originally submitted by Century TS Pty Ltd on 16 November 2015, has been modified in accordance with section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, the variation pertains to the amendment of the intended period for shipments, as per regulation 10 of the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996, which was executed on 16 December 2015. The application concerns the export of up to 2000 tonnes of used lead acid batteries (Basel Code 1160) to the Republic of Korea for recycling operations at SEGI Recycling Technology Co. Limited. The application's other details remain unchanged from the original submission. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the key obligations for parties involved in the export of hazardous waste include ensuring compliance with the regulations governing the export process. This involves submitting detailed applications that include specific information about the waste, the intended recipient, and the intended recovery operations. In this case, Century TS Pty Ltd must ensure that the export of the used lead acid batteries adheres to the outlined recovery operation R4, which involves the recycling/reclamation of metals and metal compounds. The company is also required to submit a variation notice if any changes to the original application occur, as mandated by section 33 of the Act. Failure to comply with the requirements set forth by the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to various consequences. The Act imposes civil and criminal penalties for non-compliance, including fines and imprisonment. The exact penalties depend on the nature and severity of the breach. For instance, individuals or companies found to have exported hazardous waste without the necessary permits or in violation of the Act could face substantial fines. In more serious cases, criminal charges may be pursued, leading to imprisonment for the responsible parties. The specific penalties are determined by the courts based on the circumstances of each case, but they can include significant financial penalties and potential imprisonment terms.